There are dozens of different buyer-seller protocols in use today. However, almost all of those systems are seller-driven in the sense that the seller sets the price for goods and services and the buyer decides whether or not to accept that price. Obviously, some forms of commerce offer far more give and take with offers and counteroffers being exchanged, however the vast majority of retail purchases utilize seller-driven, fixed-price, non-negotiable pricing protocols.
Auctions are probably the most frequently used system whereby prices are not fixed by the seller. Here too, the system is seller-driven. The buyer does not find the seller, rather the seller attracts numerous buyers who, as a group, determine the final selling price—which the seller may subsequently reject unless the item being auctioned is being sold without a reserve.
Other commerce systems are exchange-driven. These systems, such as NASDAQ of the New York Stock Exchange (NYSE) match buyers and sellers by offering an efficient fair and orderly marketplace. They favor neither buyers nor sellers, but simply effectuate communications that allow for the matching process to take place. An example of an automated exchange-driven commerce system for trading futures is disclosed in U.S. Pat. No. 4,903,201.
A buyer-driven system is one in which buyers find sellers, such as a “wanted to buy” classified ad. A help wanted ad is a buyer-driven inquiry since the employer is looking to locate and buy the services of a qualified employee. The inquiry is advertised to a large number of potential “sellers”, a number of which may respond by submitting their resumes to the prospective employer.
Bilateral buyer-driven systems seek to consummate contracts between buyers and sellers based on mutual promises to perform. Bilateral buyer-driven systems, however, currently represent an extremely small portion of overall commerce. Likewise, bilateral seller-driven systems seek to consummate contracts between sellers and buyers based on mutual promises to perform. As with bilateral buyer-driven systems, bilateral seller-driven systems also represent a small portion of overall commerce.
Accordingly, there is a need for a dual, bilateral buyer-driven and seller-driven system that will allow both parties to initiate and communicate conditional early payment incentive offers, acceptances, and payments. The advantages of such a system are many. Since this technology is electronically based, costs are kept to a minimum. It is also the only way buyers and sellers can efficiently reach each other and conduct binding transactions in a manner which aligns the incentives of both the seller and the buyer and makes transactions mutually beneficial. For instance, the incentives of sellers and buyers are generally in opposition. Sellers want to get the highest price and terms for their goods and services and buyers want to get the lowest price and terms for goods and services. With a dual, bilateral buyer-driven and seller-driven system, it is possible to align the incentives of the buyer with the incentives of the seller.
As a practical example, in the health care industry, health insurance companies and governmental health insurance programs are payers (buyers) of health care services and/or goods. Insurance companies and governmental insurance programs (collectively referred to as health insurance plans) wish to extend the time between the receipt of a health care claim and the payment of the claim. Stretching this time period allows health insurance plans to maximize their use of cash flow during the time it takes to pay a claim. Further, health insurance plans also earn money through “float” during this period of time. In the prior art, paying health care claims slowly is advantageous to health insurance plans.
The prior art has an equally opposite and disadvantageous effect on providers (sellers) of health care services and/or goods. The financial incentive for providers is to minimize the time between submission of a health care claim and the receipt of payment. Health care providers do not have use of cash flow during this time and they have no ability to make money on “float” until after they receive payment. In fact, health care providers may incur significant front-end expenses in order to provide health care services and/or goods. In many cases capital expenses are financed, such as are in the construction or remodeling of a hospital, or in the acquisition of expensive equipment, drugs, and supplies. A delay in health care claim payments may result in an increase to a provider's need for more expensive short-term financing. The practice of delaying payments to health care providers has the end result of an increase in provider accounts receivables and a lowering of their cash flow.
Under the present health care payment system prevalent in the United States, financial incentives for payers (buyers) is opposite of the financial incentives for providers (sellers). Therefore, the prior art is a classic win-lose business transaction commerce system. In a time of tightened managed health care constraints and more restricted provider reimbursement from the government and insurance companies, the practice of paying as slow as will be tolerated has become unbearable to many health care providers. Laws have been enacted and many lawsuits have been filed against payers to allow providers relief from these win-lose practices. With this approach to health care economics, one party of a transaction always loses to the benefit of the other party. This system has produced an adversarial approach to the practice and commerce of medicine in this country. One can argue that the commerce system in the prior art has also contributed to the rise in health care costs, as providers have had to struggle to maintain adequate cash flow for business operations.
The present invention aligns financial incentives of providers and payers in a win-win fashion. It is a new and unique method of commerce not practiced in all of health care. The present invention lowers expenses for payers and provides payers with a new revenue stream, thus increasing payer profitably. At the same time, this invention increases health care provider cash flow and decreases their account receivables. It becomes a win-win scenario for each party to a transaction. This invention also decreases the time money is tied up in the claim payment cycle, and because of the large sum of health care dollars involved, if widely practiced, could have a positive effect on the overall economy. A positive effect on an economy is general is produced when money travels faster through the financial system, rather than slower. The faster money is available for the increased purchase of goods and services, the faster an overall economy can grow. Conversely, when money is “tight,” an overall economy slows down.
A key element necessary to achieve seller and buyer participation in a dual, bilateral electronic buyer-driven and seller-driven system is the seller's ability to bind a buyer to a legal contract under the terms of the buyer's posted offer, and the buyer's ability to bind a seller to a legal contract under the terms of the seller's posted offer. This is achieved through an acceptance of the other party's offer and through authentication by a procedure agreed to by the parties.
There is no real need for a third party to administer such a dual, bilateral seller-driven and buyer-driven system that will allow both parties to initiate and communicate conditional early payment incentive offers, acceptances, and payments. However, if desired, a third party can serve as a trusted arbitrator available to resolve contract disputes between the parties and thereby increase buyer and seller confidence in the system. Additionally, the third party could establish standard protocols, formats, terms and language to be used in offers and thus make it easier for the other party to understand and assess offers. Finally, the third party could administer a site on the Internet where both parties could post and review their offers and acceptances.
The applicant is unaware of the existence of any commercially-viable dual, bilateral seller-driven and buyer-driven commerce system which contains the above features and addresses the above-described shortcomings in the prior art. Therefore, it is one object of the present invention to set forth a system of dual, bilateral seller-driven and buyer-driven electronic commerce that allows the capability for individual sellers and individual buyers to issue authenticable messages which contain the terms of a conditional early payment incentive offer (CEPIO) and publish that CEPIO to the other party.
Another object of the present invention is to allow a seller or buyer who accepts the terms of a CEPIO to bind the other party to accept fulfillment of that offer.
Another object of the present invention is to allow the seller, upon his acceptance of the buyer's terms, to receive payment from the buyer within the timeframe as set forth in the CEPIO.
Another object of the present invention is to allow the seller, upon his acceptance of the buyer's terms, to make a CEPIO payment to the buyer within the terms as set forth in the CEPIO.
Another object of the present invention is to allow the buyer, upon his acceptance of the seller's terms, to make payment to the seller within the timeframe as set forth in the CEPIO.
Yet another object of the present invention is to allow the buyer, upon his acceptance of the seller's terms, to receive his CEPIO payment from the seller within the terms set forth in the CEPIO.
It is a further object of the present invention, when desired, to allow for a trusted third party administrator whose decision regarding the fulfillment, adequacy or interpretation or any aspect of the process shall be binding on the parties.
Another object of the present invention is to provide a system in which the identity of the seller is authenticated along with the integrity of the sellers CEPIO.
A further object of the present invention is to provide a system in which the identity of the buyer is authenticated along with the integrity of the buyer's CEPIO.
It is a further object of the present invention to allow for delivery of digitally based products, such as certificates of insurance, from the seller to the buyer according to the terms of the CEPIO and the cryptographic validation of such delivery.
It is another object of the present invention to allow for CEPIOs where more than one seller may bind the buyer to the CEPIO.
It is another object of the present invention to allow for CEPIOs where more than one buyer may bind the seller to the CEPIO.
Another object of the present invention is to show how all or parts of the system can be practiced using non-electronic means such as printed media or advertisements in newspapers.
These and other objects of the invention will be apparent to those skilled in the art from the following description of the invention, the accompanying drawings and the appended claims.